Gilgit-Baltistan Chief Court

Gilgit-Baltistan Chief Court

The Gilgit-Baltistan Chief Court serves as the principal court of appeals in the Gilgit-Baltistan region of Pakistan. It is an essential component of the region’s judicial system and operates under the framework provided by the 2009 Gilgit-Baltistan Empowerment and Self-Governance Order. The court’s decisions can be further appealed to the Supreme Appellate Court of Gilgit-Baltistan, which is the region’s highest judicial authority.

Legal Status and Framework

The Gilgit-Baltistan Chief Court is accorded the same status and powers as the High Courts of Pakistan’s provinces. This parity ensures the effective administration of justice and alignment with the broader judicial principles observed in Pakistan.

The court was established to enhance the legal system in the region by providing a platform for appeals and ensuring accountability within lower courts. It is empowered to hear both civil and criminal cases and has appellate jurisdiction over decisions from subordinate courts in Gilgit-Baltistan.

Court Locations

• Permanent Seat
  The Permanent Seat of the Gilgit-Baltistan Chief Court is located in Gilgit, the administrative capital of the region.
• Skardu Branch Registry
  To accommodate the needs of the region’s residents, the court also holds sessions at its Branch Registry in Skardu. These sessions are scheduled periodically to ensure that justice is accessible to residents across Gilgit-Baltistan, particularly those in remote areas.

History of the Gilgit-Baltistan Chief Court

The evolution of the Gilgit-Baltistan Chief Court is deeply rooted in the historical and judicial developments of the region. Prior to its establishment in its current form, the region—then referred to as the Northern Areas—was governed under the draconian Frontier Crimes Regulations (FCR), a colonial-era law that severely restricted civil liberties and judicial recourse for the local population.

Abolition of the FCR (1972)

The FCR was abolished in 1972, marking a significant shift in the region’s governance and judicial framework. This abolition paved the way for reforms aimed at modernizing the judicial and administrative systems. Under the supervision of the Ministry of Kashmir Affairs and Gilgit-Baltistan, initial steps were taken to establish courts with limited judicial authority.

Judicial Reforms and Al-Jehad Trust Case

Over time, these courts were granted more powers to strengthen the justice system in the region. A landmark decision in the Al-Jehad Trust vs. Federation of Pakistan case by the Supreme Court of Pakistan further enhanced the judicial autonomy of Gilgit-Baltistan. This ruling emphasized the need for equal rights, judicial independence, and access to justice for the region’s residents, compelling the federal government to implement reforms that aligned Gilgit-Baltistan’s judicial framework with the rest of the country.

Establishment under the 2009 Empowerment Order

The most significant milestone came with the promulgation of the Gilgit-Baltistan (Empowerment and Self-Governance Order) 2009, which formally established the Gilgit-Baltistan Chief Court in its present form. This order granted the court the authority and status equivalent to provincial high courts in Pakistan. It also ensured that the court could function as an effective appellate body, providing the people of Gilgit-Baltistan with a reliable platform for legal redress and justice.

Judges of the Gilgit-Baltistan Chief Court

The Gilgit-Baltistan Chief Court comprises one Chief Judge and four other judges. These judges are appointed by the Gilgit-Baltistan Council following recommendations and procedures established under the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009. The judges are selected for their legal expertise, experience, and commitment to upholding the principles of justice in the region.

Current Composition

1. Chief Justice:
   • Justice Malik Nawaz Haq
   • Tenure: 2020 – Present
   • Overview: As the Chief Justice, Justice Malik Nawaz Haq presides over the court, ensuring efficient case management, judicial reforms, and upholding constitutional rights within Gilgit-Baltistan.
2. Justice Ali Baig
   • Tenure: 2017 – Present
   • Overview: Justice Ali Baig has been serving the court since 2017, contributing significantly to various landmark decisions and the overall judicial development of Gilgit-Baltistan.

Additional Judges

While the court has the capacity for a total of five judges, the current composition highlights two serving members: the Chief Justice and Justice Ali Baig. The remaining positions are either vacant or under the process of appointment by the Gilgit-Baltistan Council.

These judges collectively ensure that the court performs its appellate and constitutional functions effectively, providing justice and maintaining the rule of law in the region.

Former Judges of the Gilgit-Baltistan Chief Court

Over the years, the Gilgit-Baltistan Chief Court has seen the contributions of numerous distinguished jurists who played vital roles in shaping the judicial framework of the region.

Former Chief Judges

1. Justice Sahib Khan
   • Renowned for his legal acumen and dedication to judicial independence, Justice Sahib Khan served as the Chief Judge during a crucial phase of the court’s development.
2. Justice Muhammad Alam
   • Justice Muhammad Alam contributed significantly to landmark rulings that helped define the court’s authority and strengthened the rule of law in Gilgit-Baltistan.
3. Justice Wazir Shakeel Ahmed
   • Justice Ahmed later ascended to the Supreme Appellate Court of Gilgit-Baltistan, where he continued his legacy of delivering impactful judgments and enhancing judicial efficiency.

Former Judges

1. Justice Muhammad Umer
   • Justice Muhammad Umer served the court with integrity and commitment, ensuring justice was dispensed fairly and efficiently during his tenure.

These former judges laid the groundwork for the current judicial system of Gilgit-Baltistan, leaving a legacy of fairness, legal development, and adherence to constitutional principles. Their contributions remain a cornerstone of the region’s evolving legal landscape.

Website

The Gilgit-Baltistan Chief Court maintains an official website (www.gbcc.gov.pk) where the public can access information regarding court proceedings, judgments, and other relevant details, enhancing transparency and accessibility.